Premier Bedding by Coaster
 
Materials displayed on the coastercompany.com website are protected by copyright, other intellectual property laws, and statutory and common laws. Use of the coasterlcompany.com website is subject to your compliance with the terms set forth below. If you do not wish to be bound by the terms, you may not use the website. By using this website, you agree to be bound by the terms of this Access Agreement.

You should note that Coaster Company may modify this Access Agreement at any time. Therefore, you should review this Access Agreement periodically before using this website. Your continued use of our services and website will constitute your acceptance of the terms of the Access Agreement posted on the coastercompany.com website at the time of use.

Services Provided by Others. You may order services, parts or products, through the coastercompany.com website from persons or entities that are not employees or agents of Coaster Company ("Service Providers"). Matters concerning the services, parts or products desired from a Service Provider, including but not limited to purchase terms, warranties, guarantees, maintenance and delivery, are solely between you and the Service Provider. Coaster Company makes no warranties or representations whatsoever with regard to any services, parts or products provided by Service Providers. You agree not to consider Coaster Company nor will Coaster Company be construed as a party to such transactions, whether or not Coaster Company may have received some form of payment or consideration in connection with the transaction. You also agree that Coaster Company will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

Disclaimer of Liability. Because of the possibility of human and mechanical error as well as other factors, Coaster Company is not responsible for any errors in or omissions from the information contained in or accessed through this website or services provided by others through this website. All such information and services are provided "as is" without warranty of any kind from Coaster Company. Coaster Company MAKES NO REPRESENTATIONS WITH REGARD TO SUCH INFORMATION, Coaster Company SERVICES, THE coastercompany.com WEBSITE, OR SERVICES PROVIDED BY OTHERS THROUGH THIS WEBSITE, AND DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO YOU OR TO ANY THIRD PARTY, INCLUDING ANY WARRANTIES OF ACCURACY, TIMELINESS, NON-INFRINGEMENT, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Coaster Company shall have no liability in tort, contract or otherwise to you or any third party due to use of the information or services provided in or through the coastercompany.com website. Coaster Company cannot and does not guarantee that information posted on the coastercompany.com website: (a) will not violate a law, regulation, copyright, trademark, trade secret, patent, or other proprietary rights of others, including any party's privacy right or right of publicity; (b) will not be unlawful, libelous, defamatory, slanderous, harmful, abusive, threatening, or hateful; (c) will not include any material that contains a virus, illicit graphics, encoded binary files, job offers, personal ads, trojan horses, pyramid schemes, passwords of others, password guessing programs, cracking tools, network probing tools, or tools to compromise the security of other sites or the property of others; or (d) will not include distribution lists to be used via unsolicited electronic mail or other mass electronic mailings. [Note: The foregoing paragraph is unnecessary if the website will not be posting informational documents or material supplied by Service Providers or Customers.] Coaster Company shall under no circumstance be liable to you or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, indirect or punitive damages whatsoever arising out of use or the inability to use the coastercompany.com website, Coaster Company services, or the services of others provided through the website, even if Coaster Company has been advised of the possibility of such damages, or any claims based upon the accuracy or inaccuracy of the information available through the coastercompany.com website. If you must rely upon information found in this website, you should independently verify its accuracy.

Indemnification. You agree to indemnify, save and hold harmless Coaster Company and its officers, directors, employees, agents, attorneys, subsidiaries, parent corporations, affiliated entities, shareholders, representatives, heirs, predecessors, beneficiaries, trustees, partners, joint venturers, successors and assigns (collectively, "Associated Entities and Persons") from and against any and all losses, liabilities, obligations, damages, costs and expenses, whether known, unknown, contingent or inchoate, of any nature whatsoever, including, without limitation, actual attorneys' fees, court costs and other expenses incurred by Coaster Company and its Associated Entities and Persons and shall defend Coaster Company and its Associated Entities and Persons against any and all actions, causes of action, claims, demands, rights, suits, and proceedings brought against Coaster Company or its Associated Entities and Persons, in connection with or as a result of any violation of this Access Agreement, use or the inability to use the coastercompany.com website or Coaster Company services, services provided by Service Providers, or any claims based upon the accuracy or inaccuracy of the information available through the coastercompany.com website.

Information You Provide. Through the coastercompany.com website, you may provide Coaster Company with graphics, content or other materials ("Your Materials"). By posting messages, uploading files, inputting data, or engaging in any other form of communication through this website, you are granting Coaster Company a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, modify, copy, sublicense, adapt, transmit, publicly perform or display Your Materials. The foregoing grants shall include the right to exploit any proprietary rights in Your Materials, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

This website may include bulletin boards and chat rooms ("Bulletin Boards") which allow feedback to Coaster Company and real-time interaction between users. Coaster Company does not control the information or materials posted or delivered to bulletin boards. Use of the bulletin boards and this website constitutes your agreement that you will not post or transmit to the Bulletin Boards:

a. any material which violates or infringes any national or international professional or business codes, copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others, including any party's privacy right or right of publicity, in effect or which may hereafter be enacted and applicable to this Access Agreement or websites;
b. any material that is libelous, slanderous, harmful, abusive, threatening, unprofessional, obscene, vulgar, indecent, or pornographic, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
c. distribution lists to be used via unsolicited electronic mail or other mass electronic mailings; or
d. materials that contain a virus or other harmful component.
[Note: This section is unnecessary if the website will not be posting material supplied by Customers.]

Hyperlinked websites. The coastercompany.com website may include hyperlinks that may be used to jump to the website of a third party. Coaster Company has no control over the materials included in any hyperlinked website and does not warrant in any way the information included in such a website.

Down Time. Due to power interruptions, "down time" or other factors beyond Coaster Company control, or due to any computer, software or other malfunction, Coaster Company cannot guarantee that its website will always be available. If you believe you will need information in the future, you should make a copy of the information at the time you find it on the coastercompany.com website.

Miscellaneous. Nothing herein expressed or implied is intended or shall be construed to confer upon or give to any person or corporation other than you and Coaster Company, and Coaster Company successors or assigns, any rights or remedies under or by reason of this Access Agreement.

This Access Agreement is effective until terminated by Coaster Company, at any time without notice. In the event of termination, you are no longer authorized to access the Bulletin Boards and the restrictions imposed on you with respect to material downloaded from the Bulletin Boards, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

Any clause of this Access Agreement declared invalid by the appropriate authority shall be deemed severable and shall not affect the validity or enforceability of the remainder.

In the event of any action by Coaster Company to (a) enforce or interpret this Access Agreement, (b) recover damages for breach of this Access Agreement, (c) obtain declaratory relief in connection with this Access Agreement, or (d) otherwise obtain judicial relief in connection with the transactions that are the subject of or are contemplated by this Access Agreement, Coaster Company shall be entitled to recover, in addition to all damages, all actual attorneys' fees, court costs and other fees and expenses incurred in connection therewith.

Coaster Company's waiver or failure to insist upon strict compliance with any obligation, covenant, agreement or condition of this Access Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
This Agreement shall be governed by and construed in accordance with the applicable laws of the State of California (excluding its choice of law rules). Any litigation shall take place in Los Angeles County.

This Agreement sets forth the final, complete and exclusive agreement and understanding of Coaster Company and you, and supersedes all prior agreements, arrangements, communications, representations or warranties, by Coaster Company or you.

 

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